Dana v. Gulf & Ship Island R.
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. HoN. T. H. Barrett, Judge. Suit by J. C. Dana against the Gulf & Ship Island Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Harrison county. HoN. T. H. Barrett, Judge. Suit by J. C. Dana against the Gulf & Ship Island Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. On the facts of this case we call the court’s -attention to the following Mississippi authorities: “Where a railroad company sued by an employee for damages for personal injuries, pleads a release executed by plaintiff, he may avoid the same by showing that it was signed under the belief, induced by the fraudulent representations. of the…
1Opinion of the CourtCook, J.
This is an action of tort, begun in the circuit court of Harrison county by appellant against appellee. The declaration alleges that appellant, an employee of appel-lee, was injured by the negligence of his employer. To this declaration appellee filed a plea of accord and satisfaction.
*505Two replications were filed to this plea — one setting’ np a contract of settlement and averring a breach thereof; the other setting np the terms of settlement agreed on by the parties thereto, a partial performance of same, the breach thereof, and further, that appellee entrapped him into making a settlement,…
2Cases cited2 opinions
- Howie v. PlattMississippi Supreme Court · 1903
- Patton-Worsham Drug Co. v. Planters' Mercantile Co.Mississippi Supreme Court · 1905
3Cited by3 opinions
- Fornea v. Goodyear Yellow Pine Co.Mississippi Supreme Court · 1938
- Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
- Woodruff v. BatesMississippi Supreme Court · 1951